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Regular Session, 2010
HOUSE BILL NO. 990
BY REPRESENTATIVE THIERRY AND SENATOR GUILLORY
CORRECTIONS: Amends provisions of the Inmate Rehabilitation and Workforce
Development Act
AN ACT1
To amend and reenact R.S. 15:1199.1, 1199.2(A)(introductory paragraph), 1199.3(2),2
1199.4(A) and (M), 1199.7(A) and (C), 1199.9, 1199.10(B)(1), 1199.11, 1199.12,3
and 1199.14(B) and to enact R.S. 15:1199.2(A)(5), (6), (7), (8), and (9) and (G), (H),4
(I), (J), (K), and (L), 1199.3(9) and 1199.4(N), relative to inmate rehabilitation; to5
provide for reentry programs and initiatives; to provide for definitions; to provide for6
additional duties of the reentry advisory council; to provide with respect to eligibility7
standards; to provide for certification and licensing of skilled craftsmen; to provide8
for the percentage of inmate wages which can be taken to pay for some of the9
expenses of the program; to provide for the duration of the program; to provide for10
applicability; and to provide for related matters.11
Be it enacted by the Legislature of Louisiana:12
Section 1. R.S. 15:1199.1, 1199.2(A)(introductory paragraph), 1199.3(2), 1199.4(A)13
and (M), 1199.7(A) and (C), 1199.9, 1199.10(B)(1), 1199.11, 1199.12, and 1199.14(B) are14
hereby amended and reenacted and R.S. 15:1199.2(A)(5), (6), (7), (8), and (9) and (G), (H),15
(I), (J), (K), and (L), 1199.3(9), and 1199.4(N) are hereby enacted to read as follows: 16 HLS 10RS-1481 ENGROSSED
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PART XVIII. REENTRY ADVISORY COUNCIL AND INMATE OFFENDER1
REHABILITATION AND WORKFORCE DEVELOPMENT2
§1199.1. Short title3
This Part may be referred to and may be cited as the "Inmate Rehabilitation4
Reentry Advisory Council and Offender Rehabilitation Workforce Development5
Act".6
§1199.2. Legislative findings7
A. The mission of incarceration in the criminal justice system is to enhance8
public safety through the safe and secure incarceration of offenders, effective9
probation and parole supervision, and proven rehabilitative strategies that10
successfully reintegrate offenders into society, as well as assisting individuals and11
communities victimized by crime. The goals and priorities of incarceration in the12
criminal justice system involve a commitment to public safety and rehabilitation and13
are:14
* * *15
(5) To provide safety to both corrections staff and offenders.16
(6) To provide basic services.17
(7) To provide opportunities for change.18
(8) To provide opportunities for restitution.19
(9) To provide effective strategies for reentry into society following20
incarceration.21
* * *22
G. Successful offender reentry and reintegration into the community is a23
matter of critical importance to the public's safety, but reentry is often unsuccessful24
due to the barriers ex-offenders face upon release. Those barriers include, but are not25
limited to, a lack of education and job skills, employment prohibition in selected26
occupations, mental health and substance abuse problems, access to valid27
identification documents, child support enforcement regulations, access to public28
housing and other public benefits, and strained or fragile family and community ties.29 HLS 10RS-1481 ENGROSSED
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H. The ability of ex-offenders to obtain employment after incarceration and1
becoming productive members of their communities is essential to reducing2
recidivism rates; however, successfully finding employment is often difficult due to3
the reluctance of many employers to hire individuals with criminal backgrounds.4
I. Without successful reentry into the community, recidivism is likely to5
occur, causing detrimental effects to public safety, communities, families, taxpayers,6
and ex-offenders.7
J. Offender reentry is a crime prevention strategy, which serves to reduce8
crime and the number of crime victims and ultimately ensures opportunities for safer9
communities. Successful reentry is also a cost savings measure which results in10
savings to state and local criminal justice systems.11
K. The Department of Public Safety and Corrections has taken steps to12
implement offender reentry initiatives and is reaching out to other agencies and13
communities to form partnerships which are necessary to ensure continued support14
and success.15
L. With the goal of establishing a more systematic approach to identifying16
obstacles that impede successful reentry and developing and implementing effective17
reentry strategies that improve public safety, the legislature establishes the Reentry18
Advisory Council and Offender Rehabilitation Workforce Development Act.19
§1199.3. Definitions20
As used in this Part, the following words have the following meanings:21
* * *22
(2) "Council" means the Inmate Rehabilitation and Workforce Development23
Advisory Council Reentry Advisory Council.24
* * *25
(9) "Task force" means a parish or regional council comprised of26
governmental leaders and agency representatives from applicable state, tribal, or27
local entities, service providers, nonprofit organizations, and key stakeholders. This28 HLS 10RS-1481 ENGROSSED
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task force shall perform the essential functions of the Reentry Advisory Council on1
the local level as defined in R.S. 15:1199.4(N).2
§1199.4. Inmate Rehabilitation and Workforce Development Reentry Advisory3
Council; creation; members; powers and duties4
A. The Inmate Rehabilitation and Workforce Development Reentry5
Advisory Council is hereby created within the Department of Public Safety and6
Corrections.7
* * *8
M. The council shall serve as an advisory body to the secretary and the9
legislature on the administration of the program as authorized by this Part.10
N. The Reentry Advisory Council shall:11
(1) Identify methods to improve collaboration and coordination of offender12
transition services, including cross-agency training and information sharing that will13
help to improve outcomes for offenders.14
(2) Establish a means to share data, research, and measurement resources in15
relation to reentry initiatives with relevant agencies.16
(3) Identify funding areas that should be coordinated across agencies to17
maximize the delivery of state and community-based services as they relate to18
reentry.19
(4) Identify areas in which improved collaboration and coordination of20
programs and activities will result in increased effectiveness or efficiency of service21
delivery.22
(5) Promote areas of research and program evaluation that can be23
coordinated across agencies with an emphasis on applying evidence-based practices24
to support treatment and intervention programs for offenders.25
(6) Conduct a review of existing policies and practices and make specific26
recommendations to the legislature for systemic improvement.27
(7) Create and support local reentry councils in collaboration with28
community stakeholders throughout the state.29 HLS 10RS-1481 ENGROSSED
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(8) Commence offender reentry public education campaigns.1
(9) Enhance the role of faith and community-based services for formerly2
incarcerated persons.3
(10) Provide coordination of reentry initiatives across the state and ensure4
eligibility for Second Chance Act grant opportunities and other reentry grant5
opportunities.6
* * *7
§1199.7. Inmate eligibility for program; prohibitions8
A. An inmate may be eligible for participation in the program for any of the9
following: 10
(1) The inmate is sentenced to the custody of the Department of Public11
Safety and Corrections to serve seven years or less for a first or second offense for12
possession of a controlled dangerous substance as provided for in the Uniform13
Controlled Dangerous Substances Law. The Department of Public Safety and14
Corrections shall establish and administer a workforce development training program15
for offenders under the jurisdiction of the department.16
(2) The inmate is sentenced to the custody of the Department of Public17
Safety and Corrections to serve seven years or less for a first or second offense for18
distribution, dispensing, or possession with intent to produce, manufacture,19
distribute, or dispense a controlled dangerous substance as provided for in the20
Uniform Controlled Dangerous Substances Law. Selection and participation in the21
program shall be determined by the department as provided for in R.S. 15:1199.8.22
(3) The offender is sentenced to the custody of the Department of Public23
Safety and Corrections to serve seven years or less for a nonviolent first felony24
offense.25
* * *26
C. An inmate convicted of any of the following offenses shall not be eligible27
for participation in the program: shall be eligible to participate in the program if he28 HLS 10RS-1481 ENGROSSED
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meets the eligibility requirements for participation in work release as provided for1
in R.S. 15:711 and 1111.2
(1) A sex offense as defined in R.S. 15:541.3
(2) A crime of violence as defined in R.S. 14:2(B).4
(3) A habitual offender in accordance with R.S. 15:529.1.5
* * *6
§1199.9. Workforce development work release for participants and graduates of7
program administered by the department8
A. Notwithstanding the provisions of R.S. 15:711 or 1111 or any other9
provision of law to the contrary, an inmate who has graduated from the program and10
obtained the proper certification or licensing as a skilled craftsman may participate11
in a workforce development work release program administered by the department.12
B. Workforce development work release shall be for inmates who are13
eligible for work release as provided for in R.S. 15:711 and 1111. Eligible14
participants shall produce documentation to support having certification or licensure15
as a skilled craftsman or who have graduated from the inmate rehabilitation and16
workforce development training program and have been certified or licensed as17
skilled craftsmen, or who are participating in the inmate rehabilitation and workforce18
development training program and are working toward licensing or certification as19
a skilled craftsman pursuant to R.S. 15:1199.12. 20
C. B. The department shall designate and adapt facilities for the purpose of21
housing inmates with workforce development work release privileges, or it may22
arrange and contract for other facilities, including but not limited to portions of23
parish jails for inmates employed in the area.24
D. C. Every inmate with workforce development work release privileges25
shall be liable for the cost of his room, board, clothing, and other necessary expenses26
of his employment or placement unless other means of payment are approved by the27
department.28 HLS 10RS-1481 ENGROSSED
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E. D. The wages of any inmate so employed shall be collected by the1
secretary or his designated agent, shall be deposited in a public banking institution,2
and a ledger showing the financial status of each inmate on the program shall be3
kept.4
F. E. The wages of each inmate shall be disbursed by the department for the5
following purposes and in the order stated:6
(1) The expenses for the board of the inmate including food and clothing.7
(2) Necessary travel expenses to and from work and other incidental8
expenses of the inmate.9
(3) Any tuition, books, or other costs associated with the program which are10
required to be paid by participants in the program.11
(4) Any necessary fees for the examination for certification or licensing in12
a craft.13
(5) Any certification or licensing fees required to become a skilled14
craftsman.15
(6) Any court-ordered child support owed by the inmate. The support may16
be paid in installments approved by the department.17
(7) Any court-ordered restitution, or restitution owed to the department, or18
any other obligations acknowledged by the inmate in writing, or which have been19
reduced to judgment. The obligations may be paid in installments approved by the20
department.21
(8) Any drug testing as required by the provisions of this Part.22
(9) The balance, if any, to the inmate upon his discharge.23
G. F. The wages of an inmate so employed shall not be less than the24
customary wages for an employee performing similar services.25
H. G. Deductions for room, board, and other administrative costs resulting26
from participation in a workforce development work release program authorized by27
this Section shall not exceed seventy-five percent of the wages received by an28
inmate.29 HLS 10RS-1481 ENGROSSED
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§1199.10. Workforce development work release for participants and graduates of1
the program administered by the sheriff2
* * *3
B.(1) Inmates sentenced to the department and housed in other facilities as4
provided for in Subsection A of this Section shall be eligible to participate in5
workforce development work release pursuant to R.S. 15:1199.12 or a workforce6
development work release program administered by the sheriff provided the inmate7
participant produces documentation to support having certification or licensure as8
a skilled craftsman or has graduated from the inmate rehabilitation and workforce9
development training program and obtained the proper certification or licensing as10
a skilled craftsman, or is participating in the inmate rehabilitation and workforce11
development training program and is working toward licensing or certification as a12
skilled craftsman. 13
* * *14
§1199.11. Traditional work release programs not affected15
Participation in workforce development work release programs as authorized16
by the provisions of R.S. 15:1199.9 and 1199.10 shall not be construed to prohibit17
an inmate from participating in a work release program authorized by the provisions18
of R.S. 15:711 or 1111 if the inmate is otherwise eligible for participation. However;19
however, only those inmates who can produce documentation to support having20
certification or licensure as a skilled craftsman or who have graduated from the21
program and have been certified or licensed as skilled craftsmen or those inmates22
who are participating in the inmate rehabilitation and workforce development23
training program and are working toward licensing or certification as a skilled24
craftsman pursuant to R.S. 15:1199.12 may participate in workforce development25
work release as authorized by the provisions of R.S. 15:1199.9 and 1199.10.26
§1199.12. Program duration; development; selection of craft27
A. The program shall be designed to last for two years.28 HLS 10RS-1481 ENGROSSED
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B. The department, with advice from the council, shall assist each inmate in1
selecting a craft as provided for in this Part.2
C. B. The pairing of the inmate with a particular craft shall be determined3
by all of the following:4
(1) The skills, interests, and abilities of the inmate. This shall include actual5
demonstration and simulation of the respective crafts.6
(2) Likelihood of successful job placement and opportunity upon graduation7
from the program, including the need for particular craftsmen at the time the inmate8
enters the program.9
(3) The availability of training facilities, instructors, and the number of10
inmates enrolled for particular crafts.11
D.C.(1) Eligible inmates who have been admitted to the program shall12
participate in a one-year intensive selected craft training program in a selected craft.13
(2) Upon completion of the one-year intensive training program selected14
craft training program, the inmate shall qualify for continuing training, if available,15
including workforce development, work release apprenticeship, or similar on-the-job16
training that leads to the fulfillment of the requirements for licensing or certification17
in the selected craft, to the extent and in the manner permitted by regulations adopted18
by the department.19
(3) The inmate shall take any necessary examination required for20
certification or licensing in the selected craft if the inmate fulfills all requirements21
for taking the examination.22
(4) Upon successful completion of any certification or licensing as a skilled23
craftsman, the inmate shall begin a one-year participation in the workforce24
development work release program. The department may by rule provide for the25
crediting of work release pursuant to the provisions of this Subsection toward this26
requirement.27
E. D. Upon completion of the one-year workforce development work release28
program, the inmate shall be released on his diminution of sentence release date and29 HLS 10RS-1481 ENGROSSED
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placed under good time parole supervision for the remainder of his sentence. It shall1
be an additional condition of the inmate's supervised parole that he maintain2
employment as a skilled craftsman at a location approved by the department, unless3
extenuating circumstances prevent such employment.4
F. E. The provisions of this Part shall not be construed to relieve an inmate5
from meeting any certification or licensing requirements for a selected craft6
established by a professional licensing board or association or which are otherwise7
provided for by law.8
* * *9
§1199.14. Substance abuse treatment and counseling10
* * *11
B. The department with the assistance of the council shall determine the12
amount of substance abuse treatment and counseling that inmates who participate in13
the program shall receive.14
DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
Thierry HB No. 990
Abstract: Establishes the "Reentry Advisory Council and Offender Rehabilitation and
Workforce Development Act".
Present law provides for the "Inmate Rehabilitation and Workforce Development Act".
Present law further provides for the inmate rehabilitation and workforce development
program to be administered by DPS&C.
Proposed law changes the name of the act to the "Reentry Advisory Council and Offender
Rehabilitation Workforce Development Act".
Present law provides that the inmate rehabilitation and workforce development advisory
council shall function as an advisory body for DPS&C in administering the program.
Proposed law changes the name of the council to the Reentry Advisory Council and provides
the following additional duties:
(1)Identify methods to improve collaboration and coordination of offender transition
services, including cross-agency training and information sharing that will help to
improve outcomes for offenders. HLS 10RS-1481 ENGROSSED
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(2)Establish a means to share data, research, and measurement resources in relation to
reentry initiatives with relevant agencies.
(3)Identify funding areas that should be coordinated across agencies to maximize the
delivery of state and community-based services as they relate to reentry.
(4)Identify areas in which improved collaboration and coordination of programs and
activities will result in increased effectiveness or efficiency of service delivery.
(5)Promote areas of research and program evaluation that can be coordinated across
agencies with an emphasis on applying evidence-based practices to support treatment
and intervention programs for offenders.
(6)Conduct a review of existing policies and practices and make specific
recommendations to the legislature for systemic improvement.
(7)Create and support local reentry councils in collaboration with community
stakeholders throughout the state.
(8)Commence offender reentry public education campaigns.
(9)Enhance the role of faith and community-based services for formerly incarcerated
persons.
(10)Provide coordination of reentry initiatives across the state and ensure eligibility for
Second Chance Act grant opportunities and other reentry grant opportunities.
(Amends R.S. 15:1199.1, 1199.2(A)(intro. para.), 1199.3(2), 1199.4(A) and (M), 1199.7(A)
and (C), 1199.9, 1199.10(B)(1), 1199.11, 1199.12, and 1199.14(B); Adds R.S.
15:1199.2(A)(5), (6), (7), (8), and (9) and (G), (H), (I), (J), (K), and (L), 1199.3(9), and
1199.4(N))
Summary of Amendments Adopted by House
Committee Amendments Proposed by House Committee on Administration of Criminal
Justice to the original bill.
1. Restored present law amount of deductions for room, board, and other
administrative costs from inmate wages.